The Rise and Fall of NauvooRoberts, B. H. (Brigham Henry)
History
The Rise and Fall of Nauvoo
Roberts, B. H. (Brigham Henry)
Latter Day Saints -- Illinois -- Nauvoo; Nauvoo (Ill.) -- History
When Joseph was on trial for this same offense before Judge Douglass,
on a writ of _habeas corpus_ in 1841, as already related in a previous
chapter, the court refused to enter into the consideration of the
merits of the case, as the judge doubted whether on a writ of _habeas
corpus_ he had a right to go behind the writ and inquire into the
merits of the case. The same point was avoided by Judge Pope in
the hearing Joseph had before him on a similar writ, when charged
with being accessory before the fact in an assault upon the life of
ex-Governor Boggs. But the municipal court had no such scruples, and
at once proceeded to try the case _ex parte_, on its merits; and Hyrum
Smith, P. P. Pratt, Brigham Young, G. W. Pitkin, Lyman Wight and Sidney
Rigdon were examined as witnesses. Their affidavits before that court
concerning events that happened to the Saints in Missouri, afford the
most circumstantial, reliable, and exhaustive data for the history of
The Church while in that State that has ever been published.
After hearing the testimony of these witnesses, and the pleading of
counsel, the court ordered that Joseph Smith be released from the
arrest and imprisonment of which he complained, for want of substance
in the warrant by which he was held, as well as upon the merits of the
case.
At the conclusion of the trial the citizens of Nauvoo held a mass
meeting and passed resolutions thanking the people of Dixon and
vicinity, and of Lee County generally, for the stand they had taken in
defense of the innocent, and in favor of law and justice.
A copy of the proceedings of the municipal court of Nauvoo, and of
all the papers connected with the case were immediately sent to the
governor, as also were affidavits from leading counsel and gentlemen
from Dixon, as to the treatment of Wilson and Reynolds, that the
governor and the world might know that they had not been injured.
We may conclude the account of this adventure of Joseph's by saying
that about a year afterwards, a jury in Lee County awarded forty
dollars damages, and costs, against Wilson and Reynolds, for false
imprisonment and abuse of the Prophet--a verdict which, while it
confirms the unlawful course of those officers, and the fact that their
prisoner was abused, insults justice by awarding such an amount for
damages.
At the time of this action before the municipal court of Nauvoo, it was
a question in Illinois whether said court had the authority to hear and
determine writs of _habeas corpus_ arising from arrests made by virtue
of warrants issued by the courts of the State or of the governor, as in
the foregoing case; or whether the clause in the city charter granting
the right of issuing such writs was not confined to cases arising from
arrests made on account of the violation of some city ordinance. The
clause in the charter giving to the municipal court the power to issue
writs of _habeas corpus_ was as follows:
Public-domain text, read in full here on John Shaqi.
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